To Regulate or Not? Navigating the Complexities of Cyberspace Governance
Description
This episode unpacks the intricate debate over regulating cyberspace. Should we regulate the digital realm, or is it truly ungovernable? We explore two contrasting ideologies—cyberlibertarianism, which champions a hands-off approach, and cyber-paternalism, which advocates for intervention to protect users and society. We delve into the unique challenges of applying physical-world laws to the virtual environment through the lens of Lawrence Lessig’s regulatory modalities—law, social norms, market forces, and architecture. Finally, we discuss the tension between traditional legal frameworks and the very architecture of cyberspace, considering whether a hybrid regulatory approach might offer the most effective path forward in digital governance.